Amarjit Kaur and Others vs Alla Rakha and Others

K. Kannan, J.—The appeal is for enhancement of compensation for death of a male aged 24 years in an accident that took place on 17.4.1996. The claimants were widow, parents and two minor sisters. The contention was that he was a driver of a tanker and he used to earn Rs. 3,000/- per month. The tribunal assessed the income at Rs. 1200/- made a deduction of 1/3rd and assessed a compensation of Rs. 1 lac.

I will slightly enhance the income from Rs. 1200/- to Rs. 2000/-, considering the fact that there was evidence that he was driver of the tanker and the accident had taken place in the year 1996 when the income for a driver would have been at least Rs. 2,000/-. I will make a prospect of increase and re-assess the compensation and tabulate the various heads as under:-

There shall be an award for Rs. 5,44,500/-. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The entitlement of compensation will be distributed amongst the widow and parents in the ratio of 4:1:1. I decline to make any provision for compensation for two minor sisters, considering the fact that the parents have been provided and sisters cannot take themselves as dependents on the brother when their father is alive. The right of enforcement of the award shall be available against the Insurance Company.

The award is modified and the appeal is allowed to the above extent.